1. Acceptance of Terms
By accessing or using the AfriVest platform, website, mobile applications, APIs, or any related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Platform. These Terms constitute a legally binding agreement between you and AfriVest LLC ("AfriVest," "we," "us," or "our").
AfriVest reserves the right to modify these Terms at any time. We will notify users of material changes through the Platform or via email. Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms.
2. Eligibility
To use the Platform, you must: (a) be at least 18 years of age or the age of majority in your jurisdiction; (b) have the legal capacity to enter into a binding agreement; (c) not be a resident of a jurisdiction where use of the Platform is prohibited by law; (d) not be listed on any sanctions list maintained by OFAC, the European Union, the United Nations, or any other applicable authority; and (e) complete all required identity verification procedures as described in our KYC/AML Policy.
3. Platform Services
AfriVest provides digital asset infrastructure services including, but not limited to: tokenized securities issuance and management; stablecoin payment rails; self-sovereign digital identity (Self-Sovereign Identity protocol); cooperative governance tools; cross-border settlement services; and educational content through AfriVest Academy.
The Platform is not a bank, money transmitter, or securities exchange in any jurisdiction unless specifically licensed as such. Services are provided on an "as available" basis and may be modified, suspended, or discontinued at any time with reasonable notice.
4. Account Registration & Identity Verification
Access to Platform services requires completion of our identity verification process through the Self-Sovereign Identity protocol. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain the security of your wallet credentials and private keys; (c) promptly update any information that becomes inaccurate; and (d) accept full responsibility for all activity conducted through your account.
AfriVest employs a non-custodial wallet architecture. You are solely responsible for safeguarding your private keys. AfriVest cannot recover lost private keys and bears no liability for unauthorized access resulting from your failure to secure your credentials.
5. Tokenized Instruments
Tokenized securities and cooperative instruments available on the Platform are subject to the securities laws of their issuance jurisdiction. Participation in token offerings may be restricted based on your jurisdiction of residence, accreditation status, or risk profile. Nothing on the Platform constitutes investment advice, and all investment decisions are made at your own risk.
Each tokenized instrument is governed by its own specific terms, prospectus, or offering memorandum. In the event of a conflict between these Terms and instrument-specific documentation, the instrument-specific documentation shall prevail with respect to that instrument.
6. Stablecoin Services
AfriVest stablecoins are digital representations of fiat currencies, backed by reserves held in regulated financial institutions. Stablecoin services are subject to: (a) applicable payment services regulations; (b) foreign exchange control laws; (c) anti-money laundering requirements; and (d) the specific terms governing each stablecoin instrument. AfriVest does not guarantee the value of any stablecoin against its reference currency and reserves the right to suspend redemptions in extraordinary circumstances as permitted by applicable law.
7. Cooperative Governance
Cooperative governance features on the Platform are tools that facilitate democratic decision-making within registered cooperative structures. AfriVest does not participate in governance decisions and bears no responsibility for the outcomes of cooperative votes, treasury allocations, or membership decisions. All cooperative activities must comply with the cooperative legislation of the relevant jurisdiction.
8. Prohibited Activities
You agree not to use the Platform to:
- Violate any applicable law, regulation, or third-party rights
- Engage in money laundering, terrorist financing, or sanctions evasion
- Manipulate markets, engage in insider trading, or commit fraud
- Circumvent identity verification or compliance controls
- Use automated systems to access the Platform without authorization
- Interfere with Platform security or infrastructure
- Provide false or misleading information during verification
- Transfer your account or wallet credentials to third parties
- Use the Platform for any purpose other than its intended functionality
9. Intellectual Property
All content, software, technology, trademarks, and intellectual property on the Platform are owned by or licensed to AfriVest. The Self-Sovereign Identity protocol, SWAP protocol, and all associated technology are proprietary to AfriVest. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purposes. This license does not include the right to modify, distribute, or create derivative works from Platform technology.
10. Limitation of Liability
To the maximum extent permitted by applicable law, AfriVest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, data, or digital assets; business interruption; or any damages arising from your use of or inability to use the Platform. AfriVest's total aggregate liability shall not exceed the fees paid by you to AfriVest in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless AfriVest, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.
12. Dispute Resolution
Any dispute arising from or relating to these Terms shall first be submitted to good-faith mediation. If mediation is unsuccessful within 30 days, the dispute shall be resolved by binding arbitration administered in accordance with the rules of the applicable arbitration body in the jurisdiction of AfriVest's registered office. The language of arbitration shall be English. Each party shall bear its own costs unless the arbitrator determines otherwise.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which AfriVest is incorporated, without regard to its conflict of law provisions. For users in specific jurisdictions, mandatory local consumer protection laws may apply in addition to these Terms.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Contact Information
For questions regarding these Terms of Service, please contact us at:
- Email: legal@afrivest.org
- Website: www.afrivest.org